MASTER 
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NO.  94-821 72 


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Author: 


New  York  (City) 
Commissioners  of 

Title: 


report  on  an 
investigation  of  billboard 

Place: 

[New  York] 

Date: 

[1912] 


COLUMBIA  UNIVERSITY  LIBRARIES 
PRESERVATION  DIVISION 

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New  York  (Citi/)    Commissioners  of  accounts, 

A  report  on  an  investi;^ation  of  billboard  advertising  in 
the  city  of  New  York.  Oflice  of  the  commissioner  of  ac- 
counts, New  York.  Raymond  B.  Fosdick,  commissioner. 
[New  York,  M.  B.  Brown  printing  &  binding  co.,  1912] 


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A   Report 


ON 


An  Investigation 


OF 


Billboard  Advertising 


IN     THE 


City  of  New  York 


No  ^    V      '    f      h      Office  of 

The  "Commissioner  of   Accounts 
New  York 

RAYMOND  B.  FOSDICK 

Commissioner 


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New  York,  August  27,  1912. 


M.  B.  BROWN  PRINIING  &  BINDING  CO.. 
49-57  Park  Place.  New  York. 


(  ^^UuLX^Uv'^i**-^ 


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Hon.  William  J.  Gaynor,  Mayor. 


Sir — Numerous  complaints  have  from  time  to  time  been  made  to 
this  office  by  residents  of  the  city  in  relation  to  nuisances  in  connection 
with  billboards  and  signs  used  for  advertising  purposes. 

Some  of  these  were  found  upon  investigation  to  be  of  a  particularly 
aggravating  nature.  For  example,  on  a  block  on  Riverside  Drive  a 
large  billboard,  erected  in  violation  of  law,  shut  out  from  the  lower 
floors  of  the  residences  on  the  two  adjoining  streets  the  entire  view 
of  the  Drive,  both  north  and  south,  leaving  an  ugly  exterior  back 
of  the  sign  facing  the  houses.  At  the  base  of  the  signs  rubbish  and 
litter  in  an  unsanitary  state  had  congregated.  In  another  instance  a 
large  sign  with  a  metal  front  and  metallic  skeleton  frame  was  found 
on  the  top  of  a  building  so  placed  as  to  prevent  escape  in  case  of  fire 
by  the  ladder  leading  from  the  fire  escape. 

Under  the  circumstances  it  was  decided  to  make  an  extended  study 
of  the  conditions  relating  to  billboard  advertising  in  the  city.  Our 
report  on  this  investigation  is  attached  hereto. 

Respectfully  submitted, 

Raymond  B.  Fosdick, 

Commissioner  of  Accounts. 


SYNOPSIS  OF  REPORT. 


I.     Definitions. 


II.  Extent  of  Billboard  Advertising  in  The  City  of  New  York. 

The  reports  of  Bureaus  of  Buildings. 

Locations  in  the  City. 

Capital  stock  of  billboard  advertising  companies. 

Area  and  Income. 

Xumber  of  billboards  in  the  City. 

Number  of  double-deckers. 

Number  of  facings  for  advertisements. 

Actual  measurements  of  billboards.- 

Square  feet  of  area  for  advertising. 

Charges  by  the  companies  to  advertisers. 

Gross  revenue  to  billboard  advertising  concerns. 

III.  Legal  Control. 

Ordinances. 

Constitutionality  of  present  regulations. 

Aesthetic  considerations. 

Absence  of  test  case. 

IV.  Violations. 

Inspection  discloses  law  constantly  violated. 
Wood  and  ])artly  metal  signs  over  10  feet  in  height. 
Metal  signs  over  18  feet  6  inches  in  height. 
Signs  trebled. 
I)eyond    the   building   line. 
Dangerous  conditions,  lack  of  repairs. 
Rubbish   and    litter   at   base   of   signs. 
Excerpts  from  ins])ection  reports. 

Conditions  of  billboards  on  Riverside  Drive  and  around 
Central   Park  West. 

V.  Class  of  Advertisements. 

Xot  used  by  merchants  of  the  city.  Display  brands  of 
whiskies,  beers,  tobaccos,  cigarettes,  patent  medicines, 
etc. 


> 


VI.  Necessity  for  Regulation. 

Present  disregard  of  Building  Code  requirements. 
Menace  to  health  of  community. 
Fire  hazard. 

Extensiveness  of  operations. 
Existence  of  regulations  in  other  cities. 
Existence  of  regidations  in  other  countries. 
Realization  elsewhere  of  necessity  for  control. 
Unsightliness  and  ugliness  of  billboards. 
Beauty  of  environment  defaced. 
Effect  on  property  and  neighborhood. 

Municipal    expenditures   to  beautify   public   buildings    and 
parks  offset  by  appearance  of  billboards. 

VII.  Decisions  of  Courts  in  re  billboards  and  signs. 

Difficulties  of  legal  control. 

Legislative  enactments. 

Exercise  of  police  power. 

Elements  of  the  aesthetic — relation  to  police  power. 

Excerpt  from  court  decisions. 

Powers  of  municipalities  to  regidate  billboard  advertising. 

VIII.  Methods  of  regulation  for  the  control  of  billboard  advertis- 

ing in  American  and  foreign  cities. 

United  States: 

Buffalo, 

Rochester, 

Milwaukee, 

St.  Louis, 

Chicago, 

Los  Angeles. 
England: 

London, 

Liverpool, 

Manchester. 

Scotland: 

Glasgow. 
France: 

General. 

IX.  Tentative  suggestions  for  a  new  ordinance  in  New  York. 

(Proposed  amendment  to  Section  144,  Chapter  15,  Building  Code, 
City  of  New  York)  : 


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BILLBOARD  ADVERTISING  IN  NEW  YORK  CITY 


Billboard 


DEFINITIONS 


The  word  ''  billboard "  used  in  this  report  means  any  fence, 
hoarding,  sign  screen,  or  arrangement  of  boards,  or  any  frame  work, 
with  facings  resting  upon  or  secured  to  the  ground  and  intended  or 
used  for  advertising  purposes. 

Sky-Siyn 

The  word  '*  sky-sign  "  signifies  any  superstructure  displaying  any 
letter,  word,  model,  sign,  device,  or  representation  in  the  nature  of  an 
advertisement,  announcement  or  direction,  supported  or  attached 
wholly  or  in  part  over  or  above  any  wall,  building  or  structure. 

This  report  deals  only  with  billboards.  The  question  of  sky-signs 
will  form  the  basis  of  a  future  report. 


EXTENT  OF  BUSINESS 

The  extent  to  which  the  billboard  business  has  grown  is  evident 
to  any  one  who  has  occasion  to  pass  through  our  streets.  On  every 
side,  in  every  part  of  the  city,  whether  in  restricted  residential  loca- 
tions, park  surroundings,  or  business  sections,  an  unceasing  exhibition 
of  signs  of  every  conceivable  construction,  color  and  form  confronts 
the  eye. 

The  reports  of  the  Bureaus  of  Buildings  in  the  various  boroughs 
show  that  there  are  approximately  three  thousand  locations  occupied 
for  billboard  advertising  in  the  city.  This  figure  does  not  include 
sky-signs.  The  capital  stock  of  eight  of  the  leading  concerns  engaged 
in  the  billboard  business  in  the  city  amounts  to  nearly  two  million 
dollars. 

Area  and  Income 

There  are  approximately  3,700  billboards  in  the  city,  25  per  cent, 
of  which,  from  actual  inspection  in  the  different  boroughs,  we  have 
found  to  be  of  the  double-decker  character;  that  is,  two  signs,  ten 
feet  each  in  height,  one  placed  above  the  other,  making  about  4,600 
facings  for  advertisements.  In  some  instances  there  were  three  signs 
so  placed,  although  the  ordinances  limit  the  height  of  wooden  bill- 


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BILLBOARD  ADVERTISING  IN  NEW  YORK  CITY 


Billboard 


DEFINITIONS 


The  word  *'  billboard  "  used  in  this  report  means  any  fence, 
hoanhng,  sign  screen,  or  arran<^-ement  of  lioards,  ur  any  frame  work, 
with  facings  resting  ni)on  or  secured  to  the  ground  and  intended  or 
used   for  advertising  ])urposes. 

Sky-S'ujn 

The  word  "  sky-sign  '"  signifies  any  sui)erstruclure  (Hsplaying  any 
letter,  word,  model,  sign,  device,  or  representation  in  the  nature  of  an 
advertisement,  announcement  or  direction,  supported  or  attached 
wholly  or  in  part  over  or  al)ove  any  wall,  building  or  structure. 

This  re])ort  deals  only  with  billboards.  The  ([uestion  of  sky-signs 
will  form  the  basis  of  a  future  report. 

EXTENT  OF  BUSINESS 

The  extent  to  which  the  billboard  business  has  grown  i^  evident 
to  any  one  who  has  occasion  to  pass  through  our  streets.  On  every 
side,  in  every  part  of  the  city,  whether  in  restricted  residential  loca- 
tions, ])ark  surroundings,  or  business  sections,  an  unceasing  exhibition 
of  signs  of  every  conceivable  construction,  color  and  form  confronts 
the  eye. 

The  reports  of  the  IJureaus  of  Buildings  in  the  various  boroughs 
show  that  there  are  api)r()ximately  three  thousand  locations  occupied 
for  billboard  advertising  in  the  city.  This  figure  does  not  include 
sky-signs.  The  capital  stock  of  eight  of  the  leading  concerns  engaged 
ir.  the  billboard  business  in  the  city  amounts  to  nearly  two  million 
dollars. 

.Irca  and  Income 

There  are  approximately  3,700  billboards  in  the  city.  2?  i)er  cent, 
of  which,  from  actual  inspection  in  the  different  boroughs,  we  have 
found  to  be  of  the  double-decker  character;  that  is,  two  signs,  ten 
feet  each  in  height,  one  placed  above  the  other,  making  about  4,000 
facings  for  advertisements.  In  some  instances  there  were  three  signs 
so  placed,  although   the  ordinances  limit   the   height  of   wooden  bill- 


boards  to  ten  feet  and  of  metal  billboards  to  18  feet  6  inches.  An 
estimate  based  upon  actual  measurements  of  1,309  of  these  signs  would 
indicate  that  there  are  3,800,000  square  feet  of  area  surface  for  bill- 
board advertising  in  the  city. 

The  companies  charge  for  the  use  of  this  space,  where  it  is  a  bill- 
poster board,  from  one  to  two  and  one-half  cents  per  square  foot 
per  month,  or  from  twelve  cents  per  square  foot  to  thirty  cents  per 
square  foot  per  annum.  The  charge  for  painted  bulletins  averages 
about  eighteen  cents  per  square  foot  per  annum.  These  prices,  how- 
ever, are  for  the  ordinary  locations  in  the  city.  The  prices  in  the 
choice  locations,  such  as  the  public  squares,  intersection  of  principal 
streets,  etc.,  are  considerably  higher.  The  prices  include  the  cost  of 
posting  the  sheet,  or  painting  the  advertisement  on  the  bulletin  board. 

An  estimate  of  the  gross  revenue  to  the  advertising  companies, 
based  upon  these  figures,  would  indicate  that  they  annually  receive 
from  the  billboard  advertising  privilege  in  the  city  approximately  one 
million  dollars.  It  should  be  borne  in  mind  that  this  figure  deals  only 
with  billboards  and  does  not  include  sky-signs,  that  is,  signs  erected 
upon  walls  or  roofs  of  buildings. 

LEGAL  CONTROL 

The  erection  of  billboards  and  sky-signs  in  the  City  of  New 
York  is  under  the  provisions  of  section  144  of  the  Building  Code,  as 


follows : 


''  Fences  signs  or  billboards  shall  not  be  at  any  pomt  over 
ten  feet  above  the  adjoining  ground;  except  that  when  any 
fence,  sign  or  billboard  shall  be  constructed  entirely  of  metal 
or  of  wood,  covered  on  all  sides  with  sheet  metal,  mcludmg 
the  uprights,  supports  and  braces  for  same,  it  shall  not  be  at 
any  point  over  eighteen   feet  six  inches  above  the  adjoining 

ground. 

*'  Any  letter,  word,  model,  sign,  device  or  representation  in 
the  nature  of  an  advertisement,  announcement  or  direction,  sup- 
ported or  attached,  wholly  or  in  part,  over  or  above  any  wall, 
building  or  structure,  shall  be  deemed  to  be  a  "  sky-sign. 

"  Sky-signs  shall  be  constructed  entirely  of  metal,  including 
the  uprights,  supports  and  braces  for  same,  and  shall  not  be  at 
any  point  over  nine  feet  above  the  front  wall  or  cornice  of  the 
building  or  structure  to  which  they  are  attached  or  by  which 

they  are  supported.  ,    ,,  ,  j 

"  All  fences,  signs,  billboards  and  sky-signs  shall  be  erected 
entirely  within  the  building  line,  and  be  properly  secured,  sup- 
ported and  braced,  and  shall  be  so  constructed  as  not  to  be  or 
become  dangerous. 

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boards  to  ten  feet  and  of  metal  billboards  to  18  feet  6  inches.  An 
estimate  based  upon  actual  measurements  of  1,309  of  these  signs  would 
indicate  that  there  are  3,800,000  square  feet  of  area  surface  for  bill- 
board advertising  in  the  city. 

The  companies  charge  for  the  use  of  this  space,  where  it  is  a  bill- 
poster board,  from  one  to  two  and  one-half  cents  per  square  foot 
per  month,  or  from  twelve  cents  per  square  foot  to  thirty  cents  per 
square  foot  per  annum.  The  charge  for  painted  bulletins  averages 
about  eighteen  cents  per  square  foot  per  annum.  These  prices,  how- 
ever, are  for  the  ordinary  locations  in  the  city.  The  prices  in  the 
choice  locations,  such  as  the  public  squares,  intersection  of  principal 
streets,  etc.,  are  considerably  higher.  The  prices  include  the  cost  of 
posting  the  sheet,  or  painting  the  advertisement  on  the  bulletin  board. 

An  estimate  of  the  gross  revenue  to  the  advertising  companies, 
based  upon  these  figures,  would  indicate  that  they  annually  receive 
from  the  billboard  advertising  privilege  in  the  city  approximately  one 
million  dollars.  It  should  be  borne  in  mind  that  this  figure  deals  only 
with  billboards  and  does  not  include  sky-signs,  that  is,  signs  erected 
upon  walls  or  roofs  of  buildings. 

LEGAL  CONTROL 

The  erection  of  billboards  and  sky-signs  in  the  City  of  New 
York  is  under  the  provisions  of  section  1-14  of  the  Building  Code,  as 

follows : 

'^  Fences,  -igns  or  billboards  shall  not  be  at  any  point  over 
ten  feet  above  the  adjoining  ground;  except  that  when  any 
fence,  sign  or  billboard  shall  be  constructed  entirely  of  metal 
or  of  wood,  covered  on  all  sides  with  sheet  metal,  mcludmg 
the  uprights,  supports  and  braces  for  same,  it  shall  not  be  at 
any  point  over  eighteen   feet  six  inches  above  the  adjommg 

ground. 

''  Any  letter,  word,  model,  sign,  device  or  representation  in 
the  nature  of  an  advertisement,  announcement  or  direction,  sup- 
ported or  attached,  wholly  or  in  part,  over  or  abo.e  anv  wall, 
building  or  structure,  shall  be  deemed  to  be  a  "  sky-sign." 

"  Sky-signs  shall  be  constructed  entirely  of  metal,  including 
the  uprights,  supports  and  braces  for  same,  and  shall  not  be  at 
any  point  over  nine  feet  above  the  front  wall  or  cornice  of  the 
building  or  structure  to  which  they  are  attached  or  by  which 
thev  are  supported. 

'"  All  fences,  signs,  billboards  and  sky-signs  shall  be  erected 
entirely  within  the  building  line,  and  be  properly  secured,  sup- 
ported'and  braced,  and  shall  be  so  constructed  as  not  to  be  or 
become  dangerous. 

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"  Before  the  erection  of  any  fence,  sign,  billboard  or  sky- 
sign  shall  have  been  commenced,  a  permit  for  the  erection  of 
the  same  shall  be  obtained  from  the  Superintendent  of  Buildings 
having  jurisdiction,  as  provided  in  part  2,  section  4  of  this 
Code.  Each  application  for  the  erection  of  any  fence,  sign, 
billboard  or  sky-sign,  shall  be  accompanied  by  a  written  con- 
sent of  the  owner  or  owners,  or  the  lessee  or  lessees  of  the 
property  upon  which  it  is  to  be  erected." 

That  portion  of  the  section  which  relates  to  sky-signs  and  signs 
erected  on  roofs  was  declared  unconstitutional  in  a  decision  handed 
down  in  March,  1909,  by  the  Court  of  Appeals  (People  ex  rcl.  Wein- 


Entrance  to  Riverside  Drive,  at  Cathedral  Parkway 

burgh  Advertising  Co.  vs.  the  Superintendent  of  Buildings,  195  N.  Y., 
126).  In  this  case  the  court  held  that  the  provision  of  the  ordinance 
referred  to  was  not  a  valid  exercise  of  the  police  power  of  the  State 
in  that  it  had  no  direct  relation  to  public  health  and  safety.  In  its 
opinion  the  court  quoted  from  a  case  in  72  N.  J.  law,  285  (City  of 
Passaic  vs.  Paterson  Bill  Posting  Co.) :  "Aesthetic  considerations  are 
a  matter  of  luxury  and  indulgence  rather  than  of  necessity,  and  it  is 

10 


'      » 


Riverside  Drive,  142d  and  143d  Streets 

necessity  alone  which  justifies  the  exercise  of  the  police  power  to  take 
private  property  without  compensation." 

In  view  of  this  decision  by  the  Court  of  Appeals,  it  is  highly  prob- 
able that  the  other  sections  of  the  ordinance  relating  to  billboards  and 
fences  are  likewise  unconstitutional  on  the  same  theory.  No  test  case, 
however,  has  as  yet  been  made  of  these  sections,  and  the  ordinance 
still  holds. 


4  « 


Fifth  Avenue  and  109th  Street 
II 


*'  Before  the  erection  of  any  fence,  sign,  billboard  or  sky- 
sign  shall  have  been  commenced,  a  permit  for  the  erection  of 
the  same  shall  be  obtained  from  the  Superintendent  of  Buildings 
having  jurisdiction,  as  provided  in  part  2,  section  4  of  this 
Code.  Each  application  for  the  erection  of  any  fence,  sign, 
billboard  or  sky-sign,  shall  be  accompanied  by  a  written  con- 
sent of  the  owner  or  owners,  or  the  lessee  or  lessees  of  the 
property  upon  which  it  is  to  be  erected." 

That  portion  of  the  section  which  relates  to  sky-signs  and  signs 
erected  on  roofs  was  declared  unconstitutional  in  a  decision  handed 
down  in  March,  1909,  by  the  Court  of  Appeals  (People  cs  rcl.  Wein- 


Entrance  to  Riverside  Drive,  at  Cathedral  Parkway 

burgh  Advertising  Co.  :s.  the  Superintendent  of  Buildings,  195  N.  Y., 
126).  In  this  case  the  court  held  that  the  provision  of  the  ordinance 
referred  to  was  not  a  valid  exercise  of  the  police  power  of  the  State 
in  that  it  had  no  direct  relation  to  public  health  and  safety.  In  its 
opinion  the  court  (juoted  from  a  case  in  72  X.  J.  law,  2S5  ( City  of 
Passaic  is.  Paterson  l^ill  Posting  Co.):  ''Aesthetic  considerations  are 
a  matter  of  luxury  and  indulgence  rather  than  of  necessity,  and  it  is 

10 


♦ 


Riverside  Drive,  142d  and  143d  Streets 

necessity  alone  which  justifies  the  exercise  of  the  police  power  to  take 
private  property  without  compensation." 

In  view  of  this  decision  by  the  Court  of  Appeals,  it  is  highly  prob- 
able that  the  other  sections  of  the  ordinance  relating  to  billboards  and 
fences  are  likewise  unconstitutional  on  the  same  theory.  No  test  case, 
however,  has  as  yet  been  made  of  these  sections,  and  the  ordinance 
still  holds. 


Fifth  Avenue  and  109th  Street 
11 


VIOLATIONS 

In  order  to  determine  the  extent  to  which  the  provisions  of  the 
building  code  are  followed  in  the  erection  of  billboards,  an  inspec- 
tion was  made  of  five  hundred  billboards  in  diflferent  locations  through- 
out the  Boroughs  of  Manhattan,  The  Bronx  and  Brooklyn.  The  re- 
sults of  this  inspection  and  an  examination  of  the  records  of  the 
Bureau  of  Buildings  show  that  the  law  is  constantly  violated.  Indeed, 
there  is  little  or  no  attempt  to  enforce  it. 

The  first  regulation  of  the  Code  to  the  effect  that  signs  or  billboards 
shall  not  be  at  any  point  over  ten  feet  above  the  adjoining  ground 
except  when  constructed  entirely  of  metal,  or  of  wood  covered  with 


Riverside  Drive  and  105th  Street 


metal,  was  found  to  be  violated  in  412  instances  out  of  500  cases  in- 
spected. Some  of  these  were  constructed  entirely  of  wood;  others 
were  constructed  of  metal  facings  with  wooden  uprights,  braces  and 
supports. 

The  second  requirement  limiting  the  height  of  metal  billboards  to 
18  feet  6  inches  is  almost  entirely  ignored.  One  hundred  and  eighty- 
eight  instances  were  found  in  which  violations  of  this  nature  occurred. 
These  instances  practically  covered  all  the  signs  inspected  which  were 
constructed  of  metal  or  of  wood  covered  with  metal.  In  some  cases 
signs  were  doubled  and  trebled,  extending  one  on  top  of  another  to  a 

12 


/         « 


CO 


(O 

d 
> 


to 

V 

> 


VIOLATIONS 

In  order  to  determine  the  extent  to  which  the  provisions  of  the 
building  code  are  followed  in  the  erection  of  billboards,  an  inspec- 
tion was  made  of  five  hundred  billboards  in  different  locations  through- 
out the  Boroughs  of  Manhattan,  The  Bronx  and  Brooklyn.  The  re- 
sults of  this  inspection  and  an  examination  of  the  records  of  the 
Bureau  of  Buildings  show  that  the  law  is  constantly  violated.  Indeed, 
there  is  little  or  no  attempt  to  enforce  it. 

The  first  regulation  of  the  Code  to  the  effect  that  signs  or  billboards 
shall  not  be  at  any  point  over  ten  feet  above  the  adjoining  ground 
except  when  constructed  entirelv  of  metal,  or  of  wood  covered  with 


Riverside  Drive  and  106th  Street 


metal,  was  found  to  be  violated  in  412  instances  out  of  500  cases  in- 
spected. Some  of  these  were  constructed  entirely  of  wood ;  others 
were  constructed  of  metal  facings  with  wooden  uprights,  braces  and 
supports. 

The  second  requirement  limiting  the  height  of  metal  billboards  to 
18  feet  6  inches  is  almost  entirely  ignored.  One  hundred  and  eighty- 
eight  instances  were  found  in  which  violations  of  this  nature  occurred. 
These  instances  ])ractically  covered  all  the  signs  inspected  which  were 
constructed  of  metal  or  of  wood  covered  with  metal.  In  some  cases 
signs  were  doubled  anrl  trebled,  extending  one  on  top  of  another  to  a 

12 


'      I 


dk  * 


/  » 


a> 


> 


/  f-JF/"  ImiytN-r-J'tmi  .{%rttlt  m\ 


btofiitic' 


Entrance  to  the  new  Bronx  Court  House  at  Third  Avenue  and  161st  Street 

height  of  forty  feet.  One  hundred  and  sixty-five  signs  were  found 
extending  beyond  the  building  Hne.  In  ten  cases  signs  were  found  to 
be  in  a  dangerous  condition  because  of  fauUy  construction,  or  lack  of 
repair.  In  addition  to  these  violations,  other  conditions  were  found 
to  which  attention  is  also  directed.  In  38  locations  out  of  335,  in 
which  such  conditions  were  inspected,  rubbish  and  litter  were  found 
at  the  base  of  the  signs,  or  in  near  proximity  thereto. 

Some  of  the  conditions  around  billboards  are   illustrated  by  the 
following  excerpts  from  inspectors'  reports: 

"  At  the  base  of  this  sign  are  a  number  of  cans,  stones,  wood, 
paper  and  rubbish.  The  space  in  the  rear  of  the  sign  is  used 
for  a  public  toilet.  The  odor  emanating  from  the  spot  is  nause- 
ating." 

14 


^    1    ^ 


t 


i        ( 


This  sign  is  on  public  property  at  the  entrance  to  one  of  the  largest 
parks  in  the  city. 

"  At  the  base  of  the  sign  are  tin  cans,  stones,  dirt,  a  dead  dog, 
and  paper  and  rubbish.  In  the  rear  evidences  exist  that  the 
place  is  being  used  for  a  public  toilet.     The  odor  is  sickening." 

This  sign  is  on  the  middle  east  side  in  a  thickly  populated  locality. 

"  The  sign  is  broken,  and  in  places  the  metal  facing  is  loose 
and  torn  away  from  the  uprights.  There  is  a  large  o})ening 
leading  into  a  lot  filled  with  straw  and  rubbish.  The  rear  of 
the  sign  is  used  as  a  public  toilet." 

This  sign  is  situated  on  the  lower  west  side  of  the  city. 

''  Nailed  against  the  billboards  are  three  small  w^ooden 
structures,  filled  with  all  kinds  of  rubbish  and  inflammable 
materials.  The  metal  is  torn  away  from  the  frame  and  hanging 
against  the  front  of  the  sign." 

This  sign  is  located  in  the  upper  section  of  Brooklyn. 
Inspection   disclosed   thirteen   billboards   situated   along  the   most 
picturesque  part  of  Riverside  Drive,  between  96th  street  and   143d 


Entrance  to  Central  Park  at  110th  Street,  Lenox  Avenue  and  St.  Nicholas  Avenue 


Entrance  to  the  new  Bronx  Court  House  at  Third  Avenue  and  161st  Street 

heiglit  of  forty  feet.  One  hundred  and  sixty-tive  signs  were  found 
extending  beyond  the  buiUhng  h'nc.  In  ten  cases  signs  were  found  to 
be  in  a  dangerous  condition  because  of  faulty  construction,  or  lack  of 
repair.  In  addition  to  these  violations,  other  conditions  were  found 
to  which  attention  is  also  directed.  In  38  locations  out  of  335,  in 
which  such  conditions  were  inspected,  rubbish  and  litter  were  found 
at  the  base  of  the  signs,  or  in  near  proximity  thereto. 

Some  of  the  conditions  around  billboards   are  illustrated  bv   the 
following  excerpts  from  inspectors'  reports: 

"  At  the  base  of  this  sign  are  a  number  of  cans,  stones,  wood, 
paper  and  rubbish.  The  space  in  the  rear  of  the  sign  is  used 
for  a  i)ul)lic  toilet.    The  odor  emanating  from  the  spot  is  nause- 


atmg. 


t         4 


>  s» 


i  4 


This  sign  is  on  public  property  at  the  entrance  to  one  of  the  largest 
parks  in  the  city. 

'*  At  the  base  of  the  sign  are  tin  cans,  stones,  dirt,  a  dead  dog, 
and  paper  and  rubbish.  In  the  rear  evidences  exist  that  the 
place  is  being  used  for  a  public  toilet.     The  odor  is  sickening." 

This  sign  is  on  the  middle  east  side  in  a  thickly  populated  locality. 

"  The  sign  is  broken,  and  in  places  the  metal  facing  is  loose 
and  torn  away  from  the  uprights.  There  is  a  large  opening 
leading  into  a  lot  filled  with  straw  and  rubbish.  The  rear  of 
the  sign  is  used  as  a  public  toilet." 

This  sign  is  situated  on  the  lower  west  side  of  the  city. 

"  Xailed  against  the  billboards  are  three  small  wooden 
structures,  filled  with  all  kinds  of  rubbish  and  infiammal)le 
materials.  The  metal  is  torn  away  from  the  frame  and  hanging 
against  the  front  of  the  sign." 

This  sign  is  located  in  the  u])per  section  of  Brooklyn. 
Inspection   disclosed   thirteen   billboards   situated   along   the   most 
pictures(iue  part  of  Riverside   Drive,  between  96th   street   and   143d 


Entrance  to  Central  Park  at  110th  Street,  Lenox  Avenue  and  St.  Nicholas  Avenue 


14 


street,  all  of  which  are  in  violation  of  the  requirements  of  the  law 
concerning  the  height  and  nature  of  construction.  Forty-one  locations 
of  signs  around  Central  Park  were  inspected,  and  in  33  of  these  it  was 
found  that  the  law  was  violated  in  regard  to  the  height  and  material 
used.  Similarly  at  the  bridge  terminals,  instances  were  discovered  of 
flagrant  violations  of  the  code  requirements.  Seventy-five  per  cent 
of  the  frames  of  all  the  signs  inspected  were  constructed  entirely  of 
wood  or  of  wood  partly  covered  with  metal,  in  violation  of  law. 


Fifth  Avenue,  89th  and  90th  Streets,  Opposite  Central  Park,  Adjoining  the  Residence  of 

Andrew  Carnegie 


I 


CLASS  OF  ADVERTISEMENTS 

Except  in  the  outlying  districts  billboards  are  rarely  used  by  the 
merchants  of  the  city  for  advertising  purposes.  Invariably  the  adver- 
tisements are  made  up  of  the  following: 

Whiskies, 

Wines, 

Beers, 

Gins, 

Tobacco, 

Cigarettes, 

Patent  medicines. 

Teas, 

Chewing  gum. 

Soaps, 

Breakfast  foods. 

Amusements. 


16 


^         ^ 


■ ', 


es 

u 
*j 

C 
a> 
O 

be 
C 

a 

u 

o 

n 

> 


be 
C 

"5 

c 

V 

•4-t 

X 
OS 

C 
be 

CO 


o 

> 

< 


0) 

m 


c 
« 

9 
C 
0) 

> 
< 


C 
u 
o 
U 


, 


street,  all  of  which  are  in  violation  of  the  requirements  of  the  law 
concerning  the  height  and  nature  of  construction.  Forty-one  locations 
of  signs  around  Central  Park  were  inspected,  and  in  33  of  these  it  was 
found  that  the  law  was  violated  in  regard  to  the  height  and  material 
used.  Similarly  at  the  bridge  terminals,  instances  wxre  discovered  of 
flagrant  violations  of  the  code  requirements.  Seventy-five  per  cent 
of  the  frames  of  all  the  signs  inspected  were  constructed  entirely  of 
wood  or  of  wood  partly  covered  with  metal,  in  violation  of  law. 


Fifth  Avenue,  89th  and  90th  Streets,  Opposite  Central  Park,  Adjoining  the  Residence  of 

Andrew  Carnegie 

CLASS  OF  ADVERTISEMENTS 

Except  in  the  outlying  districts  billboards  are  rarely  used  by  the 
merchants  of  the  city  for  advertising  purposes.  Invariably  the  adver- 
tisements are  made  up  of  the  following: 

Whiskies, 

Wines, 

Beers, 

Gins, 

Tobacco, 

Cigarettes, 

Patent  medicines, 

Teas, 

Chewing  gum, 

Soaps, 

P>reakfast  foods, 

Amusements. 


^    f    • 


^  -i    ♦ 


1 


i        < 


c 

bo 
« 

O 

n 

a; 


C 

c 

X 

c 


> 
< 


in 

o 


c 
a 

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C 

> 


c 

o 
U 


16 


NECESSITY  FOR  REGULATION  BY  THE  CITY 

In  view  of  the  extensive  growth  of  billboard  advertising  within 
the  last  few  years,  the  necessity  for  regulation  by  municipal  or  state 
authorities  is  at  once  apparent.  Billboards  are  dangerous  to  health 
if  they  are  not  safely  constructed  and  located.  This  was  shown  in 
the  San  Francisco  disaster,  where  they  served  as  firebrands  in  spread- 
ing the  conflagration.  They  are  a  menace  to  health  if  they  enclose 
spaces  which  become  dumping  grounds  for  refuse  and  filth.  They  are 
especially  dangerous  to  health  when  constructed  so  as  to  shut  out  light 
and  air  from  buildings. 

Perhaps  the  strongest  argument  for  their  control,  however,  is  based 
on  aesthetic  considerations.  Not  only  are  billboards  ugly  in  them- 
selves, but  they  mar  the  sightliness  of  every  structure  about  them,  so 
that  real  estate  values  are  often  affected  by  their  presence.  Beauty  of 
environment  is  an  asset  of  permanent  value,  and  the  surrounding  prop- 
erty cannot  be  defaced  without  affecting  materially  the  property  in 
the  entire  neighborhood.  The  city  of  New  York  annually  spends 
millions  of  dollars  on  public  buildings,  monuments  and  parks.  No 
public  work  is  attempted  without  due  regard  to  aesthetic  considera- 
tions, which  enter  largely  into  the  cost  of  construction.  Millions  of 
dollars  are  annually  expended  from  private  sources  for  the  same  pur- 
pose. The  uncontrolled  erection  of  large  and  blatant  billboards  in 
juxtaposition  to  these  studied  architectural  effects  is  not  only  an  incon- 
sistent public  policy  but  is  unquestionably  an  injury  to  the  general 
welfare. 

A  REVIEW  OF  COURT  DECISIONS 

The  chief  difficulties  in  the  way  of  putting  an  effective  legal  check 
upon  billboards  are  to  be  found  in  the  decisions  of  the  courts.  In  many 
states  legislative  enactments  regulating  the  use  and  heighth  of  bill- 
boards have  been  declared  unconstitutional  on  the  ground  that  they 
did  not  involve  a  proper  exercise  of  the  police  power.  The  courts  have 
been  slow  in  their  interpretation  of  the  police  power  to  include  ele- 
ments of  the  aesthetic.  Thus  in  Bryan  against  the  City  of  Chester,  212 
Pennsylvania  State,  259,  decided  in  1905,  the  Court  held: 

"  A  municipality  has  no  power  to  enact  an  ordinance  for- 
bidding citizens  to  erect  billboards  on  their  property  merely  be- 
cause such  boards  are  unsightly  or  may  become  a  nuisance. 
A  municipality  may  prohibit  the  erection  of  insecure  boards 
within  its  limits,  prevent  the  exhibition  of  immoral  or  indecent 
advertisements  or  pictures,  and  protect  the  community  from 
any  actual  nuisances  resulting  from  the  use  of  them,  but  it  can 
go  no  further." 

18 


.. 


4 


In  the  case  of  Crawford  against  Topeka,  Kan.,  756,  decided  in 
1893,  the  Court  said  : 

"  In  general,  an  owner  has  the  right  to  erect  such  buildings 
or  structures  upon  his  property  as  he  pleases,  and  may  put  the 
premises  to  any  use  as  may  suit  his  pleasure,  provided  he  does 
not  in  doing  so  annoy,  injure  or  threaten  harm  to  others." 

The  Metropolitan  Park  Commission  of  Massachusetts  under  author- 
ity of  statute  granting  them  the  power  to  make 


</^\  i 

'^^^0^^r  .'„^^->' 

.                                                 ,4 

Central  Park  West  and  62d  Street,  Adjoining  Century  Theatre 

"  such  reasonable  rules  and  regulations  respecting  the  display 
of  signs,  posters  and  advertisements  in  or  near  to  and  visible 
from  public  parks  and  parkways," 

passed  a  regulation  prohibiting  the  maintenance  of  business  signs  so 
near  a  parkway  as  to  be  plainly  visible  to  the  naked  eye  of  persons 
passing  along  the  parkway.  A  test  case  (Commonwealth  vs.  Boston 
Advertising  Co.,  188  Mass.,  348)  arose  over  a  sign  placed  near  the 
Revere  Beach  Parkway  and  the  court  declared  the  regulation  not  to  be 
a  '*  reasonable  one  and  contrary  to  the  provisions  of  the  constitution  in 
taking  property   for  a  public  use  without  providing  compensation." 

19 


NECESSITY  FOR  REGULATION  BY  THE  CITY 

In  view  of  the  extensive  growth  of  billboard  advertising  within 
the  last  few  years,  the  necessity  for  regulation  by  nnmicipal  or  state 
authorities  is  at  once  apparent.  Billboards  are  dangerous  to  health 
if  they  are  not  safely  constructed  and  located.  This  was  shown  in 
the  San  Francisco  disaster,  where  they  served  as  firebrands  in  spread- 
ing the  conflagration.  They  are  a  menace  to  health  if  they  enclose 
spaces  which  become  dumping  grounds  for  refuse  and  filth.  They  are 
especially  dangerous  to  health  when  constructed  so  as  to  shut  out  light 
and  air  from  buildings. 

Perhaps  the  strongest  argument  for  their  control,  however,  is  based 
on  aesthetic  considerations.  Not  only  are  billboards  ugly  in  them- 
selves, but  they  mar  the  sightliness  of  every  structure  about  them,  so 
that  real  estate  values  are  often  affected  by  their  presence.  Beauty  of 
environment  is  an  asset  of  permanent  value,  and  the  surrounding  prop- 
erty cannot  be  defaced  without  aft'ecting  materially  the  property  in 
the  entire  neighborhood.  The  city  of  New  York  annually  spends 
millions  of  dollars  on  public  buildings,  monuments  and  parks.  No 
public  work  is  attempted  without  due  regard  to  aesthetic  considera- 
tions, which  enter  largely  into  the  cost  of  construction.  ^lillions  of 
dollars  are  annually  expended  from  private  sources  for  the  same  pur- 
pose. The  uncontrolled  erection  of  large  and  blatant  billboards  in 
juxtaposition  to  these  studied  architectural  effects  is  not  only  an  incon- 
sistent public  policy  but  is  unquestionably  an  injury  to  the  general 
welfare. 

A  REVIEW  OF  COURT  DECISIONS 

The  chief  difticulties  in  the  way  of  putting  an  eft'ective  legal  check 
upon  billboards  are  to  be  found  in  the  decisions  of  the  courts.  In  many 
states  legislative  enactments  regulating  the  use  and  heighth  of  bill- 
boards have  been  declared  unconstitutional  on  the  ground  that  they 
did  not  involve  a  j^roper  exercise  of  the  police  power.  The  courts  have 
been  slow  in  their  interpretation  of  the  police  power  to  include  ele- 
ments of  the  aesthetic.  Thus  in  Bryan  against  the  City  of  Chester.  212 
Pennsylvania  State,  259,  decided  in  1905,  the  Court  held: 

"  A  municipality  has  no  power  to  enact  an  ordinance  for- 
bidding citizens  to  erect  billboards  on  their  property  merely  be- 
cause such  boards  are  unsightly  or  may  become  a  nuisance. 
A  municipality  may  prohibit  the  erection  of  insecure  boards 
within  its  limits,  prevent  the  exhibition  of  immoral  or  indecent 
advertisements  or  pictures,  and  protect  the  comnnmity  from 
any  actual  nuisances  resulting  from  the  use  of  them,  but  it  can 
go  no  further." 

18 


^  m 


I        . 


In  the  case  of  Crawford  against  Topeka,   Kan.,  756,   decided  in 
1893,  the  Court  said  : 

"  In  general,  an  owner  has  the  right  to  erect  such  buildings 
or  structures  upon  his  property  as  he  pleases,  and  may  put  the 
])remises  to  any  use  as  may  suit  his  pleasure,  provided  he  does 
not  in  doing  s<j  annoy,  injure  or  threaten  harm  to  others." 

The  Metropolitan  Park  Commission  of  ^Massachusetts  under  author- 
ity of  statute  granting  them  the  power  to  make 


Central  Park  West  and  62d  Street,  Adjoining  Century  Theatre 

"  such  reasonable  rules  and  regulations  respecting  the  display 
of  signs,  posters  and  advertisements  in  or  near  to  and  visible 
from  public  parks  and  parkways," 

passed  a  regulation  prohibiting  the  maintenance  of  business  signs  so 
near  a  parkway  as  to  be  plainly  visible  to  the  naked  eye  of  persons 
passing  along  the  parkway.  A  test  case  (Commonwealth  z'S.  Boston 
Advertising  Co.,  188  Mass.,  348)  arose  over  a  sign  placed  near  the 
Revere  Beach  Parkway  and  the  court  declared  the  regulation  not  to  be 
a  '*  reasonable  one  and  contrary  to  the  provisions  of  the  constitution  in 
taking  property   for  a   public   use   without   providing  comj^ensation." 

19 


i      r 


*'  This  is  purely  an  attempt  to  protect  the  aesthetic  sense,  hence  invalid," 
said  the  court. 

In  the  case  of  the  City  of  San  Jose  vs.  Varney  &  Green,  100  Pac, 
867,  the  Supreme  Court  of  California  held  a  regulatory  ordinance 
invalid.     In  this  opinion  the  Court  said : 

"  Bearing  in  mind  that  the  ordinance  does  not  purport  to 
have  any  relation  to  the  protection  of  passers-by  from  injury 
by  reason  of  unsafe  structures,  to  the  diminution  of  hazard  of 
fire,  or  to  the  prevention  of  immoral  plays,  we  find  that  the  one 
ground  upon  which  the  Town  Council  may  be  thought  to  have 
acted,  is  that  the  appearance  of  billboards  is,  or  may  be,  offensive 
to  the  sight  of  refined  taste.  That  the  promotion  of  aesthetic 
or  artistic  consideration  is  a  proper  object  of  governmental 
care  will  probably  not  be  disputed.  But  so  far  as  we  are  advised, 
it  has  never  held  that  these  conditions  alone  will  justify  an  exer- 
cise of  the  police  power,  a  radical  restriction  of  the  right  of  an 
owner  of  property  to  use  his  property  in  an  ordinary  and  bene- 
ficial way.  Such  restriction  is,  if  not  taking,  pro  tanto,  of  the 
property,  a  damaging  thereof  for  which  under  article  1,  sec- 
tion 14  of  the  Constitution  the  owner  is  entitled  to  compensa- 
tion.    In  most  or  all  of  the  cases  dealing  with  prohibition  of 


r     "♦^ 


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Signs  Along  Eastern  Parkway  Opposite  the  Brooklyn  Institute  Museum 

20 


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**  This  is  purely  an  attempt  to  protect  the  aesthetic  sense,  hence  invaUd," 
said  the  court. 

In  the  case  of  the  City  of  San  Jose  I'S.  \  arney  &  Green,  100  Pac, 
867,  the  Supreme  Court  of  CaHfornia  held  a  regulatory  ordinance 
invalid.     In  this  opinion  the  Court  said : 

"  liearing  in  mind  that  the  ordinance  does  not  purport  to 
have  any  relation  to  the  protection  of  passers-hy  from  injury 
l)v  reason  of  unsafe  structures,  to  the  diminution  of  hazard  of 
fire,  or  to  the  prevention  of  immoral  plays,  we  find  that  the  one 
ground  upon  which  the  Town  Council  may  he  thought  to  have 
acted,  is  that  the  appearance  of  hillhoards  is,  or  may  be,  oflfensive 
to  the  sight  of  refined  taste.  That  the  promotion  of  aesthetic 
or  artistic  consideration  is  a  proper  object  of  governmental 
care  will  probably  not  be  disputed,  lint  so  far  as  we  are  advised, 
it  has  never  held  that  these  conditions  alone  will  justify  an  exer- 
cise of  the  police  power,  a  radical  restriction  of  the  right  of  an 
owner  of  property  to  use  his  property  in  an  ordinary  and  bene- 
ficial way.  Such  restriction  is,  if  not  taking,  pro  tanto,  of  the 
property,  a  damaging  thereof  for  which  under  article  1,  sec- 
tion 14  of  the  Constitution  the  owner  is  entitled  to  compensa- 
tion.    In  most  or  all  of  the  cases  dealing  with  prohibition  of 


r 


Signs  Along  Eastern  Parkway  Opposite  the  Brooklyn  Institute  Museum 

20 


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Plaza  at  Entrance  to  Williamsburgh  Bridge,  South  Side 

the  right  to  erect  or  maintain  billhoards,  it  is  recognized  that 
the  legislature  may,  under  the  police  power,  prohibit  advertise- 
ments of  indecent  or  immoral  tendencies,  or  signs  dangerous  to 
the  physical  safety  of  the  powers  or  property  of  the  public. 
*  *  *  We  are  not  here,  however,  concerned  with  the  extent 
to  which  the  legislative  power  may,  in  the  efifort  to  protect  the 
public  safety  or  morals,  regulate  the  manner  of  erecting  or 
using  billboards.  The  ordinance  in  question  does  not  attempt 
such  regulation,  but  undertakes  to  absolutely  forbid  the  erection 
or  maintenance  of  any  billboard  for  advertising  purposes.  We 
have  no  doubt  that  this  sweeping  prohibition  was  beyond  the 
power  of  the  town  trustees." 

There  are  other  decisions,  however,  particularly  those  of  recent 
date,  which  show  a  growing  tendency  on  the  part  of  the  Courts  to 
recognize  the  fact  that  an  offense  to  the  eye  is  just  as  much  a  nuisance 
as  an  offense  to  the  ear  or  nose,  and  that  the  power  of  the  State  to  place 
restrictions  on  the  use  of  private  property  for  the  purpose  of  promot- 
ing the  beauty  and  attractiveness  of  the  street,  parks  and  buildings  is 
as  valid  an  exercise  of  authority  as  restrictions  against  offensive  sounds 

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Plaza  at  Entrance  to  Williamsburgh  Bridge,  South  Side 

the  right  to  erect  or  maintain  billhoards.  it  is  recognized  that 
the  legislature  may,  under  the  police  power,  prohibit  advertise- 
ments of  indecent  or  immoral  tendencies,  or  signs  dangerous  to 
the  physical  safety  of  the  powers  or  property  of  the  public. 
*  *  *  We  are  not  here,  however,  concerned  with  the  extent 
to  which  the  legislative  power  may,  in  the  effort  to  protect  the 
public  safety  or  morals,  regulate  the  manner  of  erecting  or 
using  billboards.  The  ordinance  in  question  does  not  attempt 
such  regulation,  but  undertakes  to  absolutely  forbid  the  erection 
or  maintenance  of  any  billboard  for  advertising  purposes.  We 
have  no  doubt  that  this  sweeping  prohibition  was  beyond  the 
power  of  the  town  trustees." 

There  are  other  decisions,  however,  particularly  those  of  recent 
date,  which  show  a  growing  tendency  on  the  ])art  of  the  Courts  to 
recognize  the  fact  that  an  offense  to  the  eye  is  just  as  much  a  nuisance 
as  an  offense  to  the  ear  or  nose,  and  that  the  power  of  the  State  to  place 
restrictions  on  the  use  of  private  property  for  the  ])urpose  of  promot- 
ing the  beauty  and  attractiveness  of  the  street,  parks  and  buildings  is 
as  valid  an  exercise  of  authority  as  restrictions  against  offensive  sounds 

22 


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and  odors.    Thus  in  the  case  of  Welch  against  Swasey,  193  Mass.,  364, 
the  Court  said : 

"The  inhabitants  of  a  city  or  town  cannot  be  compelled  to 
give  up  rights  in  property  or  to  pay  taxes  for  purely  aesthetic 
objects,  but  if  the  primary  and  substantive  purpose  of  the  legis- 
lation is  such  as  to  justify  the  act,  considerations  of  taste  and 
beauty  may  enter  as  auxiliaries."  . 

The  Maryland  Court  of  Appeals  in  1908,  Cochran  vs.  Preston,  70 
Atlantic,  113,  went  even  further  than  the  Massachusetts  decision  to 
admit  aesthetic  intent  of  an  act  of  the  legislature.  The  case  arose  over 
the  validity  of  a  legislative  enactment  providing  that  no  building  to 
exceed  seventy  feet  high,  except  a  church,  shall  be  erected  in  a  desig- 
nated portion  in  the  City  of  Baltimore,  in  the  center  of  which  stands 
the  Washington  monument.  Counsel  for  the  appellant  argued  that  the 
motive  behind  the  act  of  the  legislature  was  purely  aesthetic  and  that 
the  police  power  will  not  justify  a  taking  of  private  property  without 
compensation  to  promote  a  purely  aesthetic  purpose.  He  referred  to 
the  statement  in  Tiedeman  which  says: 

"  Regulations  which  are  designed  only  to  enforce  upon  the 
people  the  legislative  conception  of  artistic  beauty  and  sym- 
metry will  not  be  sustained,  however  much  such  regulations  may 
be  needed  for  the  artistic  education  of  the  people." 

The  Court  makes  this  significant  reply: 

"  Such  is  undoubtedly  the  weight  of  authority,  though  it 
may  be  that  in  the  development  of  a  higher  civilization  the  cul- 
ture and  refinement  of  the  people  has  reached  the  point  where 
the  educational  value  of  fine  arts,  as  expressed  and  embodied 
in  architectural  symmetry  and  harmony,  is  so  well  recognized 
as  to  give  sanction  under  some  circumstance  to  the  exercise  of 
this  (police)  power  even  for  such  purposes.     *     *     * 

"  The  object  of  the  Act  is  not  merely  to  preserve  the  archi- 
tectural beauty  of  the  locality  but  also  to  avoid  the  increased 
danger  from  fire  which  arises  from  tall  buildings  in  the  event 
of  a  general  conflagration,  and  since  the  object  of  the  act  is  to 
promote  the  public  welfare,  and  the  means  prescribed  are  appro- 
priate  thereto,  the  statute  is  valid  and  is  not  a  denial  of  the 
equal  protection  of  the  law." 

One  of  the  most  satisfactory  decisions,  which  has  recently  been 
handed  down,  is  the  case  of  St.  Louis  Gunning  Advertisement  Co. 
against  the  City  of  St.  Louis,  137  S.  W.  R.,  929,  which  was  decided  in 
May,  1911.  The  ordinance,  the  validity  of  which  was  disputed,  pro- 
vided : 

(a)  No  billboard  shall  exceed  fourteen  feet  in  height. 

24 


,1 


Riverside  Drive  and  109th  Street 

(b)  Billboards  shall  have  open  spaces  of  four  feet  from  the  lower 
edge  to  the  ground. 

(c)  None  to  be  nearer  than  six  feet  to  a  building  or  the  side  line  of 
any  lot  or  nearer  than  two  feet  to  any  other  billboard. 

(d)  Not  to  be  over  five  hundred  square  feet  in  area  or  closer  to  the 
street  line  by  nearer  than  fifteen  feet. 

Judge  Woodson,  who  wrote  the  majority  opinion,  held  that  the 
ordinance  was  valid.     Part  of  his  decision  is  as  follows: 

"  This  is  a  legitimate  and  honorable  business,  if  honorably 
and  legitimately  conducted,  but  every  other  feature  and  incident 
thereto  have  evil  tendencies,  and  should  for  that  reason  be 
strictly  regulated  and  controlled.--^  The  signboards  and  billboards 
upon  which  this  class  of  advertisements  are  displayed  are  con- 
stant menaces  to  the  public  safety  and  welfare  of  the  city ;  they 
endanger  the  public  health,  promote  immorality,  constitute  hiding 
■places  and  retreats  for  criminals  and  all  classes  of  miscreants. 
They  are  also  inartistic  and  unsightly.  In  cases  of  fire  they 
often  cause  their  spread  and  constitute  barriers  against  their  ex- 

25 


\ 


and  odors.    Thus  in  the  case  of  Welch  against  Swasey,  193  Mass.,  364, 
the  Court  said: 

"  The  inhabitants  of  a  city  or  town  cannot  be  compelled  to 
give  up  rights  in  property  or  to  pay  taxes  for  purely  aesthetic 
objects,  but  if  the  primary  and  substantive  purpose  of  the  legis- 
lation is  such  as  to  justify  the  act,  considerations  of  taste  and 
beauty  may  enter  as  auxiliaries." 

The  ^laryland  Court  of  Appeals  in  1908,  Cochran  z's.  Preston,  70 
Atlantic,  113,  went  even  further  than  the  Txlassachusetts  decision  to 
admit  aesthetic  intent  of  an  act  of  the  legislature.  The  case  arose  over 
the  validity  of  a  legislative  enactment  providing  that  no  building  to 
exceed  seventy  feet  high,  except  a  church,  shall  be  erected  in  a  desig- 
nated portion  in  the  City  of  Baltimore,  in  the  center  of  which  stands 
the  Washington  monument.  Counsel  for  the  appellant  argued  that  the 
motive  behind  the  act  of  the  legislature  was  purely  aesthetic  and  that 
the  police  power  will  not  justify  a  taking  of  private  property  without 
compensation  to  promote  a  purely  aesthetic  purpose.  He  referred  to 
the  statement  in  Tiedcman  which  says: 

''  Regulations  which  are  designed  only  to  enforce  upon  the 
people  the  legislative  conception  of  artistic  beauty  and  sym- 
metry will  not  be  sustained,  however  much  such  regulations  may 
be  needed  for  the  artistic  education  of  the  people." 

The  Court  makes  this  significant  reply: 

"  Such  is  undoubtedly  the  weight  of  authority,  though  it 
may  be  that  in  the  development  of  a  higher  civilization  the  cul- 
ture and  refinement  of  the  people  has  reached  the  point  where 
the  educational  value  of  fine  arts,  as  expressed  and  embodied 
in  architectural  symmetry  and  harmony,  is  so  well  recognized 
as  to  give  sanction  under  some  circumstance  to  the  exercise  of 
this  (police)  power  even  for  such  purposes.     *     *     * 

''  The  object  of  the  Act  is  not  merely  to  preserve  the  archi- 
tectural beauty  of  the  locality  but  also  to  avoid  the  increased 
danger  from  fire  which  arises  from  tall  buildings  in  the  event 
of  a  general  conflagration,  and  since  the  object  of  the  act  is  to 
promote  the  public  welfare,  and  the  means  prescribed  are  appro- 
priate thereto,  the  statute  is  valid  and  is  not  a  denial  of  the 
equal  protection  of  the  law." 

One  of  the  most  satisfactory  decisions,  which  has  recently  been 
handed  down,  is  the  case  of  St.  Louis  Gunning  Advertisement  Co. 
ag-ainst  the  City  of  St.  Louis,  137  S.  W.  R.,  929,  which  was  decided  in 
May,  1911.  The  ordinance,  the  validity  of  which  was  disputed,  pro- 
vided : 

(a)   No  billboard  shall  exceed  fourteen  feet  in  height. 

24 


) 


> 


Riverside  Drive  and  109th  Street 

(b)  Billboards  shall  have  open  spaces  of  four  feet  from  the  lower 
edge  to  the  ground. 

(c)  None  to  be  nearer  than  six  feet  to  a  building  or  the  side  line  of 
any  lot  or  nearer  than  two  feet  to  any  other  billboard. 

(d)  Not  to  be  over  five  hundred  square  feet  in  area  or  closer  to  the 
street  line  by  nearer  than  fifteen  feet. 

Judge  Woodson,  who  wrote  the  majority  opinion,  held  that  the 
ordinance  was  valid.     Part  of  his  decision  is  as  follows : 

"  This  is  a  legitimate  and  honorable  business,  if  honorably 
and  legitimately  conducted,  but  every  other  feature  and  incident 
thereto  have  evil  tendencies,  and  should  for  that  reason  be 
strictly  regulated  and  controlled.-  The  signboards  and  billboards 
upon  which  this  class  of  advertisements  are  displayed  are  con- 
stant menaces  to  the  public  safety  and  welfare  of  the  city ;  they 
endanger  the  public  health,  promote  immorality,  constitute  hiding 
places  and  retreats  for  criminals  and  all  classes  of  miscreants. 
They  are  also  inartistic  and  unsightly.  In  cases  of  fire  they 
often  cause  their  spread  and  constitute  barriers  against  their  ex- 

25 


>         I 


\ 


tinction ;  and  in  cases  of  high  wind,  their  temporary  character, 
frail  structure  and  broad  surface,  render  them  liable  to  be  blown 
down  and  to  fall  upon  and  injure  those  who  may  happen  to  be 
Jn  their  vicinity..  The  evidence  shows  and  common  observation 
teaches  us  that  the  ground  to  the  rear  thereof  is  being  constantly 
used  as  privies  and  dumping  ground  for  all  kinds  of  waste  and 
deleterious  matters,  thereby  creating  public  nuisances  and 
jeopardizing  ])ublic  health;  the  evidence  also  shows  that  behind 
these  obstructions  the  lowest  form  of  prostitution  and  other 
acts  of  immorality  are  frequently  carried  on.  almost  under  public 
gaze ;  they  offer  shelter  and  concealment  for  the  criminal  while 
lying  in  wait  for  his  victim ;  and  last,  but  not  least,  they  obstruct 
the  light,  sunshine  and  air.  which  are  so  conducive  to  health 
and  comfort.  *  *  *  j\^q  amount  of  good  contained  in  this 
class  of  business  is  so  small  in  comparison  to  the  great  and 
numerous  evils  incident  thereto  that  it  has  caused  me  to  wonder 
why  some  of  the  courts  of  the  country  have  seen  fit  to  go  as 
far  as  they  have  in  holding  statutes  and  ordinances  of  this  class 
void,  which  were  only  designed  for  the  suppression  of  the  evils 
incident  thereto  and  not  to  the  suppression  of  the  business  h- 
5^1  f.  *  *  *XMy  individual  opinion  is  that  this  class  of  ad- 
vertising as  now  conducted  is  not  only  subject  to  control  and 
regulation  by  the  police  power  of  the  state,  but  that  it  might  be 
entirely  suppressed  by  statute,  and  that.  too.  without  offending 
against  either  the  state  or  federal   constitution." 

Judge  Ross  of  the  United  States  Circuit  Court  for  the  Southern 
District  of  California,  in  an  opinion  delivered  in  1900,  took  a  position 
even  in  advance  of  that  subsequently  adopted  by  the  St.  Louis  decision 
above  quoted  fin  the  ^Matter  of  Wilshire,  103  Fed.  Rep.,  620).  Judge 
Ross  said  in  part  as  follows : 

**  The  views  in  and  about  a  city,  if  beautiful  and  unob- 
structed, constitute  one  of  its  chief  attractions,  and  in  a  way 
add  to  the  comfort  and  well-being  of  its  people.  Billboards  for 
advertising  purposes  erected  to  any  great  height  would  undoubt- 
edly be  subjected  to  all  of  these  as  well  as  other  objections,  and 
such  structures  are  therefore  plainly  within  the  regulating  power 
of  the  governing  body  of  a  city." 

The  decisions  in  New  York  State  are  rather  unsatisfactory.  The 
Weinberg  case  (People  c.v  rcl.  Weinberg  Advertising  Company  against 
the  Superintendent  of  Buildings,  195  N.  Y.,  126)  has  already  been 
cited.  In  this  case  the  Court  quoted  with  approval  the  case  of  the 
City  of  Chicago  against  the  Gunning  System,  214  111.,  628,  as  follows: 

"  The  purpose  seems  to  be  mainly  sentimental  and  to  prevent 
sights  which  may  be  offensive  to  the  aesthetic  sensibilities  of  cer- 
tain individuals  residing  or  passing  through  the  vicinity  of  bill- 
board." 

26 


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tinction ;  and  in  cases  of  high  wind,  their  temporary  character, 
frail  structure  and  broad  surface,  render  them  Hable  to  be  blown 
down  and  to  fall  upon  and  injure  those  who  may  happen  to  be 
in  their  vicinity.  The  evidence  shows  and  common  observation 
teaches  us  that  the  ground  to  the  rear  thereof  is  being  constantly 
used  as  privies  and  dumping  ground  for  all  kinds  of  waste  and 
deleterious  matters,  thereby  creating  public  nuisances  and 
jeopardiziui^  ])ublic  health;  the  evidence  also  shows  that  behind 
these  obstructions  the  lowest  form  of  prostitution  and  other 
acts  of  immorality  are  frequently  carried  on,  almost  under  public 
gaze ;  they  ofifer  shelter  and  concealment  for  the  criminal  while 
lying  in  wait  for  his  victim ;  and  last,  but  not  least,  they  obstruct 
the  light,  sunshine  and  air,  which  are  so  conducive  to  health 
and  comfort.  *  *  *  jj^^  amount  of  good  contained  in  this 
class  of  business  is  so  small  in  comparison  to  the  great  and 
numerous  evils  incident  thereto  that  it  has  caused  me  to  wonder 
why  some  of  the  courts  of  the  country  have  seen  fit  to  go  as 
far  as  they  have  in  holding  statutes  and  ordinances  of  this  class 
void,  which  were  only  designed  for  the  suppression  of  the  evils 
incident  thereto  and  not  to  the  suppression  of  the  business  it- 
^p]f  >fc  *  *  Aly  individual  opinion  is  that  this  class  of  ad- 
vertising as  now  conducted  is  not  only  subject  to  rontrol  and 
regulation  by  the  police  power  of  the  state,  but  that  it  might  be 
entirely  su])pressed  by  statute,  and  that,  too,  without  offending 
against  either  the  state  or  federal   constitution." 

Judge  Ross  of  the  I'nited  States  Circuit  Court  for  the  Southern 
District  of  California,  in  an  opinion  delivered  in  1900,  took  a  position 
even  in  advance  of  that  subsequently  adopted  by  the  St.  Louis  decision 
above  quoted  (in  the  Matter  of  Wilshire,  103  Fed.  Rep.,  620).  Judge 
Ross  said  in  part  as  follows: 

"'  The  views  in  and  about  a  city,  if  beautiful  and  unob- 
structed, constitute  one  of  its  chief  attractions,  and  in  a  way 
add  to  the  comfort  and  well-being  of  its  peo])le.  Billboards  for 
advertising  puri)oses  erected  to  any  great  height  would  undoubt- 
edly be  subjected  to  all  of  these  as  well  as  otlier  objections,  and 
such  structures  are  therefore  plainly  within  the  regulating  power 
of  the  governing  body  of  a  city." 

The  decisions  in  New  York  State  are  rather  unsatisfactory.  The 
Weinberg  case  fPeo])le  c.v  rcl.  Weinberg  Advertising  Company  against 
the  Superintendent  of  lUiildings,  195  N.  Y.,  126)  has  already  been 
cited.  In  this  case  the  Court  cjuoted  with  approval  the  case  of  the 
City  of  Chicago  against  the  Gunning  System,  214  111.,  628,  as  follows: 

'*  The  ])urpose  seems  to  be  mainly  sentimental  and  to  prevent 
sights  which  may  be  offensive  to  the  aesthetic  sensibilities  of  cer- 
tain individuals  residing  or  passing  through  the  vicinity  of  bill- 
board." 

26 


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o 


c 

> 

Q 

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a; 

> 

5 


Plaza  at  Entrance  to  Williamsburg  Bridge,  North  Side,  Brooklyn 

An  ordinance  of  the  City  of  Rochester,  however,  which  prohibited 
the  erection  of  billboards  exceeding  six  feet  in  height,  except  with  the 
permission  of  the  Common  Council,  was  declared  constitutional. 

As  we  noted  above,  the  constitutionality  of  the  present  ordinance 
in  New  York  Citv  has  not  vet  been  tested. 


REGULATION 


OF   BILLBOARD    ADVERTISING   IN  AMERICAN 
AND  FOREIGN  CITIES 


Billboard  advertising  in  New  York,  as  we  have  shown,  is  prac- 
tically unregulated  as  far  as  municipal  authority  is  concerned.  It 
would  seem,  therefore,  that  it  has  become  a  subject  for  definite  action 
leading  to  some  specific  means  of  control.  With  the  idea  of  determin- 
ing what  methods  might  best  be  adopted,  we  secured  from  24  of  the 
large  cities  in  the  United  States  and  Canada,  England  and  Scotland, 
copies  of  the  ordinances  or  laws  controlling  this  class  of  business.  An 
abstract  of  these  regulations  shows  that  the  dominant  idea  upon  which 
they  are  based  is  the  danger  of  billboards  to  life  from  wind  and  fire, 

28 


(  V) 


f 

i  1  y 


^ 


,  .s 


i 


O 

u 

n 

•o 

c 


Si 

•4-* 

o 

o 


v. 


"« 

u 

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a 

U 


Plaza  at  Entrance  to  Williamsburg  Bridge,  North  Side,  Brooklyn 

An  ordinance  of  the  City  of  Rochester,  however,  which  prohibited 
the  erection  of  billboards  exceeding  six  feet  in  height,  except  with  the 
permission  of  the  Common  Council,  was  declared  constitutional. 

As  we  noted  above,  the  constitutionality  of  the  present  ordinance 
in  Xew  York  Citv  has  not  vet  been  tested. 


REGULATION 


OF   BILUBOARD    ADVERTISING   IN  AMERICAN 
AND  FOREIGN  CITIES 


1  billboard  advertising  in  New  York,  as  we  have  shown,  is  prac- 
tically unregulated  as  far  as  municipal  authority  is  concerned.  It 
would  seem,  therefore,  that  it  has  become  a  subject  for  definite  action 
leading  to  some  specific  means  of  control.  With  the  idea  of  determin- 
ing what  methods  might  best  be  adopted,  we  secured  from  24  of  the 
large  cities  in  the  United  States  and  Canada,  England  and  Scotland, 
copies  of  the  ordinances  or  laws  controlling  this  class  of  business.  An 
abstract  of  these  regulations  shows  that  the  dominant  idea  upon  which 
they  are  based  is  the  danger  of  billboards  to  life  from  wind  and  fire, 

28 


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«;-«»»> 


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c 

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a 

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a 
o 


V. 


u 
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i 


^  i 


and  the  damage  to  the  morals  of  the  community  by  reason  of  the  class 
of  advertisements  shown.  Aesthetic  considerations  also  enter  in.  In 
many  of  the  laws,  provisions  are  found  restraining  the  erection  of 
signs  in  certain  locations,  for  example,  in  residential  sections  or  in  the 
neighborhood  of  parks,  schools  and  churches.  A  brief  abstract  of  the 
regulations  in  force  in  some  of  these  cities  follows : 

Buffalo. 

Special  attention  to  danger  from  fire  is  given  in  the  regulations  of 
the  City  of  Buffalo.  The  ordinances  provide  that  no  fence  or  bill- 
board shall  be  erected  more  than  seven  feet  in  height  without  a  permit 
from  the  fire  commissioners  and  the  deputy  building  commissioner,  and 
thereafter  the  permission  of  the  common  council.  A  violation  is 
punishable  by  a  fine  of  $25  to  $150. 

Rochester. 

No  person  is  allowed  to  erect  any  billboard  more  than  6  feet  in 
height  without  permission  of  the  Bureau  of  Buildings.  An  applicant 
for  permission  to  erect  a  billboard  of  combustible  material  is  required 
to  give  one  week's  notice  in  writing,  personally  or  by  mail,  of  such 
application  to  the  owners,  occupants  or  agents  of  all  houses  and  lots 
within  a  distance  of  100  feet  from  where  such  billboard  is  to  be 
erected.  Such  application  is  not  considered  by  the  Bureau  of  Build- 
ings without  verified  proof  of  the  service  of  the  notices  required  or  the 
written  consent  of  such  owners,  occupants  or  agents  to  the  erection  of 
the  billboard.  Billboards  more  than  seven  feet  in  height  must  be  con- 
structed entirely  of  incombustible  material,  securely  braced  and  fast- 
ened, and  erected  in  accordance  with  the  plans  approved  by  the  Bureau 
of  Buildings. 

Milwaukee. 

Billboards  are  limited  to  a  height  of  twelve  feet  with  an  open  space 
at  the  bottom  of  not  less  than  two  feet.  The  provisions  declare  that 
the  billboards  shall  be  capable  of  withstanding  a  wind  pressure  of  not 
less  than  forty  pounds  per  square  foot,  and  if  within  fire  limits  shall 
be  constructed  entirely  of  incombustible  material.  The  metal  plate 
issued  with  the  permit  must  be  attached  to  the  structure.  Fees  are 
exacted  for  the  permit  and  a  charge  is  made  for  the  plate. 

St.  Louis. 

As  a  result  of  a  campaign  waged  against  the  evil  of  billboard 
advertising  by  the  Civic  League  of  St.  Louis,  ordinances  were  adopted 


I     r 


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u 

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30 


and  the  damage  to  the  morals  of  the  community  by  reason  of  the  class 
of  advertisements  shown.  Aesthetic  considerations  also  enter  in.  In 
many  of  the  laws,  provisions  are  found  restraining  the  erection  of 
signs  in  certain  locations,  for  example,  in  residential  sections  or  in  the 
neighborhood  of  parks,  schools  and  churches.  A  brief  abstract  of  the 
regulations  in  force  in  some  of  these  cities  follows : 

Buffalo. 

Special  attention  to  danger  from  fire  is  given  in  the  regulations  of 
the  City  of  Buffalo.  The  ordinances  provide  that  no  fence  or  bill- 
board shall  be  erected  more  than  seven  feet  in  height  without  a  permit 
from  the  hre  commissioners  and  the  deputy  building  commissioner,  and 
thereafter  the  permission  of  the  common  council.  A  violation  is 
punishable  by  a  fine  of  %2^  to  $150. 

Rochester. 

No  person  is  allowed  to  erect  any  billboard  more  than  6  feet  in 
height  without  permission  of  the  Bureau  of  Buildings.  An  applicant 
for  permission  to  erect  a  billboard  of  combustible  material  is  recjuircd 
to  give  one  week's  notice  in  writing,  personally  or  by  mail,  of  such 
application  to  the  owners,  occupants  or  agents  of  all  houses  and  lots 
within  a  distance  of  100  feet  from  where  such  billboard  is  to  be 
erected.  Such  application  is  not  considered  by  the  Bureau  of  Build- 
ings without  verified  ])roof  of  the  service  of  the  notices  required  or  the 
written  consent  of  such  owners,  occupants  or  agents  to  the  erection  of 
the  billboard.  Billboards  more  than  seven  feet  in  height  must  be  con- 
structed entirely  of  incombustible  material,  securely  braced  and  fast- 
ened, and  erected  in  accordance  with  the  ]:)lans  approved  by  the  lUireau 
of  Buildings. 

Milivankce. 

Billboards  are  limited  to  a  height  of  twelve  feet  with  an  open  space 
at  the  bottom  of  not  less  than  two  feet.  The  provisions  declare  that 
the  billboards  shall  be  capable  of  withstanding  a  wind  pressure  of  not 
less  than  forty  pounds  per  square  foot,  and  if  within  fire  limits  shall 
be  constructed  entirely  of  incombustible  material.  The  metal  plate 
issued  with  the  permit  must  be  attached  to  the  structure.  Fees  are 
exacted  for  the  permit  and  a  charge  is  made  for  the  plate. 

St.  Louis. 

As  a  result  of  a  campaign  waged  against  the  evil  of  billboard 
advertising  by  the  Civic  League  of  St.  Louis,  ordinances  were  adopted 

30 


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O 


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V 

9 

a 
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Hi 


limiting  the  height  of  billboards  to  fourteen  feet  above  the  ground. 
For  sanitary  purposes  a  space  of  four  feet  is  required  between  the 
lower  edge  of  the  billboard  and  the  ground.  To  eliminate  the  fire  risk 
as  far  as  possible,  no  billboard  is  allowed  to  be  erected  nearer  than  six 
feet  to  any  building  or  nearer  than  two  feet  to  any  other  billboard, 
and  must  not  approach  the  street  nearer  than  fifteen  feet.  Fees  are 
exacted  for  the  issuance  of  the  permit,  based  upon  a  charge  of  $1  for 
every  five  linear  feet. 

Chicago. 

The  ordinances  provide  that  no  billboard  shall  be  erected  or  main- 
tained within  the  city  unless  a  permit  shall  have  been  secured  from 
the  Commissioner  of  Buildings,  to  whom  application  must  be  made 
and  plans  and  specifications  of  the  proposed  billboard  submitted.  Per- 
mits are  issued  upon  the  payment  of  a  fee  of  $2  for  every  twenty-five 
linear  feet,  together  with  an  annual  charge  to  cover  the  cost  of  inspec- 
tion. A  bond  is  required  in  the  sum  of  $25,000  from  every  person  or 
corporation  engaged  in  such  advertising  business  to  indemnify  the 
city  from  any  losses  by  reason  of  any  accidents  resulting  from  such 
structures.  Billboards  within  the  fire  limits  are  not  allowed  to  exceed 
twelve  feet  in  height,  and  must  be  constructed  of  incombustible  mate- 
rial, except  stringers,  uprights  and  braces,  which  may  be  of  wood. 
The  total  height  of  sign  above  the  ground  must  not  exceed  fifteen  feet 
six  inches,  and  a  space  of  three  feet  six  inches  allowed  between  the 
bottom  of  the  board  and  the  ground.  Wooden  billboards  are  limited 
to  a  size  not  exceeding  twelve  square  feet  in  area.  All  billboards  must 
be  constructed  of  sufficient  strength  to  withstand  a  wind  pressure  of 
twenty-five  pounds  to  a  square  foot  of  surface.  Billboards  are  not 
allowed  to  be  constructed  on  any  block  where  one-half  of  the  buildings 
are  used  for  residential  purposes  without  obtaining  consent  in  writing 
from  a  majority  of  the  frontage. 

Los  Angeles. 

Ordinances  in  this  city  prohibit  the  erection  of  billboards  in  sec- 
tions of  the  city  set  apart  for  residential  purposes. 

London,  England. 

The  City  of  London  f\'arious  Powers  Act.,  1911)  regulates  the 
construction  of  hoards  and  scaffolds  and  the  advertisements  placed 
thereon,  and  projections  such  as  swinging  signs  extending  from  the 
front  of  buildings,  ^^ery  little,  however,  appears  to  have  been  done 
in  the  wav  of  specific  ree^ulations  afi^ecting  billboard  advertising. 

32 


ll 


V    '     f 


/ 


Liverpool,  England. 

The  Liverpool  Improvement  Act  of  1882  provides  (section  76,  sub- 
division 2)  that  it  shall  be  unlawful  to  erect  any  hoard  or  similar 
structure,  to  be  used  either  partly  or  wholly  for  advertising  purposes, 
abutting  or  adjoining  any  street,  to  a  greater  height  than  fifteen  feet 
above  the  level  of  such  street  without  the  consent  of  the  corporation 
upon  plans  submitted;  it  further  provides  that  the  structure  shall  be 
kept  in  proper  repair,  and  all  papers  or  posters  taken  or  falling  there- 
from shall  be  removed  immediately. 


Eastern  Parkway  Opposite  Prospect  Park  Plaza.     Signs  to  Left  on  City  Property 

A  penalty  of  five  pounds  and  a  daily  penalty  of  twenty  shillings 
during  the  existence  of  a  violation  are  imposed. 

Manchester,  England. 

Under  section  18  of  the  Manchester  Corporation  Act  of  1891  the 
city  licenses  the  erection  of  billboards  or  hoardings.     Plans  are  re- 

33 


limiting  the  height  of  billboards  to  fourteen  feet  above  the  ground. 
For  sanitary  purposes  a  space  of  four  feet  is  required  between  the 
lower  edge  of  the  billboard  and  the  ground.  To  eliminate  the  fire  risk 
as  far  as  possible,  no  billboard  is  allowed  to  be  erected  nearer  than  six 
feet  to  any  building  or  nearer  than  two  feet  to  any  other  billboard, 
and  must  not  approach  the  street  nearer  than  fifteen  feet.  Fees  are 
exacted  for  the  issuance  of  the  permit,  based  upon  a  charge  of  SI  for 
every  five  linear  feet. 

Chicago. 

The  ordinances  provide  that  no  billboard  shall  be  erected  or  main- 
tained within  the  city  unless  a  permit  shall  have  been  secured  from 
the  Commissioner  of  Buildings,  to  whom  application  must  be  made 
and  plans  and  specifications  of  the  proposed  billboard  submitted.  Per- 
mits are  issued  upon  the  payment  of  a  fee  of  $2  for  every  twenty-five 
linear  feet,  together  with  an  annual  charge  to  cover  the  cost  of  inspec- 
tion. A  bond  is  required  in  the  sum  of  $25,000  from  every  person  or 
corporation  engaged  in  such  advertising  business  to  indemnify  the 
citv  from  anv  losses  bv  reason  of  anv  accidents  resultinor  from  such 
structures.  Billboards  within  the  fire  limits  are  not  allowed  to  exceed 
twelve  feet  in  height,  and  must  be  constructed  of  incombustible  mate- 
rial, except  stringers,  uprights  and  braces,  which  may  be  of  wood. 
The  total  height  of  sign  above  the  ground  must  not  exceed  fifteen  feet 
six  inches,  and  a  space  of  three  feet  six  inches  allowed  between  the 
bottom  of  the  board  and  the  ground.  Wooden  billboards  arc  limited 
to  a  size  not  exceeding  twelve  square  feet  in  area.  All  billboards  must 
be  constructed  of  sufficient  strength  to  withstand  a  wind  pressure  of 
twenty-five  pounds  to  a  square  foot  of  surface.  Billboards  arc  not 
allowed  to  be  constructed  on  anv  block  where  one-half  of  the  buildingrs 
are  used  for  residential  })urposes  without  obtaining  consent  in  writing 
from  a  majority  of  the  frontage. 

Los  Afu/cles. 

Ordinances  in  this  city  ])rohibit  the  erection  of  billboards  in  sec- 
tions of  the  city  set  apart  for  residential  purposes. 

Loudon,  England. 

The  City  of  London  f\^arious  Powers  Act.,  1911)  regulates  the 
construction  of  hoards  and  scafi^olds  and  the  advertisements  ])laced 
tlicreon.  and  projections  such  as  swinging  signs  extending  from  the 
front  of  1)uildings.  \^ery  little,  however,  appears  to  have  been  done 
in  tlie  wa\-  of  specific  res^ulations  afl-'ecting  billboard  advertising. 

Z2 


f      ) 


i 


/ 


Liverpool,  England. 

The  Liverpool  Improvement  Act  of  1882  provides  (section  76,  sub- 
division 2)  that  it  shall  be  unlawful  to  erect  any  hoard  or  similar 
structure,  to  be  used  either  partly  or  wholly  for  advertising  purposes, 
abutting  or  adjoining  any  street,  to  a  greater  height  than  fifteen  feet 
above  the  level  of  such  street  without  the  consent  of  the  corporation 
upon  plans  submitted;  it  further  provides  that  the  structure  shall  be 
kept  in  proper  repair,  and  all  papers  or  posters  taken  or  falling  there- 
from shall  be  removed  immediately. 


Eastern  Parkway  Opposite  Prospect  Park  Plaza.     Signs  to  Left  on  City  Property 

A  penalty  of  five  pounds  and  a  daily  penalty  of  twenty  shillings 
during  the  existence  of  a  violation  are  imposed. 

Manchester,  England. 

Under  section  18  of  the  Manchester  Corporation  Act  of  1891  the 
citv  licenses  the  erection  of  billboards  or  hoardings.     Plans  are  re- 

33 


quired  to  be  submitted  along  with  the  application.     They  are  limited 
in  height  to  fifteen  feet. 

Glasgozv,  Scotland. 

Under  the  Glasgow  Building  Regulations  Acts,  persons  proposing 
to  erect  hoardings  or  structures  to  be  used  for  advertising  purposes  on 
land  fronting  on  any  street  are  required  to  present  a  written  application 
to  the  Dean  of  Guild,  who  determines  if  a  permit  is  required,  examines 
as  to  the  stability  of  the  structure  and  issues  a  decree  to  the  Master  of 
Work,  who  grants  authority  for  the  erection  of  the  billboard  or 
hoarding. 

It  is  further  required  that  the  structure  be  kept  in  safe  condition. 

In  the  cities  of  England  and  Scotland  the  permits  are  limited  to 
a  period  of  from  two  to  four  years. 


Fran 


ce. 


In  France  a  drastic  resolution  is  under  way  for  the  purpose  of  re- 
stricting billboard  advertising,  if  not  for  its  complete  elimination.  On 
April  20,  1911,  a  law  came  into  force  forbidding  advertisements  on  or 
near  any  historic  monument,  or  in  certain  specified  localities.  This 
provision  has  recently  been  followed  by  a  measure  placing  a  heavy  tax 
upon  all  advertisements  which  obscure  or  disfigure  the  beauty  of  the 
surrounding  neighborhood. 

In  future  all  placards  less  than  §ix  square  meters  in  area  will  pay 
at  the  rate  of  5  francs  per  square  meter.  The  rate  is  increased  to  100 
francs  a  square  meter  for  placards  of  6  to  10  square  meters,  200  francs 
a  square  meter  when  the  size  is  10  to  20  square  meters,  and  400  francs 
a  square  meter  when  upward  of  20  square  meters.  These  rates  are 
doubled  if  the  hoarding  contains  two  advertisements;  trebled  if  there 
are  three,  and  quadrupled  if  there  are  four  or  more  advertisements  on 
the  same  hoarding. 

The  law  also  provides  that  all  land  upon  which  are  erected  signs  or 
billboards  for  advertising  purposes  shall  be  valued,  for  the  purpose  of 
assessment  for  taxation,  at  its  actual  value  plus  the  revenue  derived 
from  such  advertisements. 


TENTATIVE  SUGGESTIONS  FOR  AN  ORDINANCE 

On  the  basis  of  the  ordinances  in  effect  in  the  various  cities  pre- 
viously mentioned,  we  have  prepared  a  tentative  form  of  ordinance  for 
New  York.    Due  consideration  has  been  given  to  the  probable  ruling 

34 


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quired  to  be  submitted  along  with  the  application.     They  are  limited 
in  height  to  fifteen  feet. 

Glasgow,  Scotland. 

Under  the  Glasgow  Building  Regulations  Acts,  persons  proposing 
to  erect  hoardings  or  structures  to  be  used  for  advertising  purposes  on 
land  fronting  on  any  street  are  required  to  present  a  written  application 
to  the  Dean  of  Guild,  who  determines  if  a  permit  is  required,  examines 
as  to  the  stability  of  the  structure  and  issues  a  decree  to  the  blaster  of 
Work,  who  grants  authority  for  the  erection  of  the  billboard  or 
hoarding. 

It  is  further  required  that  the  structure  be  kept  in  safe  condition. 

In  the  cities  of  England  and  Scotland  the  permits  are  limited  to 
a  period  of  from  two  to  four  years. 

France. 

In  France  a  drastic  resolution  is  under  way  for  the  purpose  of  re- 
stricting billboard  advertising,  if  not  for  its  complete  elimination.  On 
April  20,  1911,  a  law  came  into  force  forbidding  advertisements  on  or 
near  any  historic  monument,  or  in  certain  specified  localities.  This 
provision  has  recently  been  followed  by  a  measure  placing  a  heavy  tax 
upon  all  advertisements  which  obscure  or  disfigure  the  beautv  of  the 
surrounding  neighborhood. 

In  future  all  placards  less  than  i?ix  square  meters  in  area  will  pay 
at  the  rate  of  5  francs  per  square  meter.  The  rate  is  increased  to  100 
francs  a  scjuare  meter  for  placards  of  6  to  10  square  meters,  200  francs 
a  square  meter  when  the  size  is  10  to  20  square  meters,  and  400  francs 
a  square  meter  when  upward  of  20  square  meters.  These  rates  are 
doubled  if  the  hoarding  contains  two  advertisements:  trebled  if  there 
are  three,  and  quadrupled  if  there  are  four  or  more  advertisements  on 
the  same  hoarding. 

The  law  also  provides  that  all  land  upon  which  are  erected  signs  or 
billboards  for  advertising  purposes  shall  be  valued,  for  the  purpose  of 
assessment  for  taxation,  at  its  actual  value  plus  the  revenue  derived 
from  such  advertisements. 


TENTATIVE  SUGGESTIONS  FOR  AN  ORDINANCE 

On  the  basis  of  the  ordinances  in  effect  in  the  various  cities  pre- 
viously mentioned,  we  have  prepared  a  tentative  form  of  ordinance  for 
New  York.    Due  consideration  has  been  given  to  the  probable  ruling 


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of  the  courts  on  the  question  of  constitutionality,  with  the  result  that 
the  proposed  ordinance  is  somewhat  more  conservative  than  we  might 
wish  in  dealing  with  so  glaring  an  evil.  The  refusal  of  the  Court  of 
Appeals  to  recognize  aesthetic  values  as  a  justification  for  the  exercise 
of  the  police  power,  makes  it  very  difficult  to  draw  an  ordinance  which 
will  prove  satisfactory  from  the  standpoint  of  regulations  and  control. 


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Double-deckers  Opposite  Centra?  Park,  Fifth  Avenue  and  103d  Street 

Proposed  Amendment  of  Section  144,  Chapter  15,  Ordinances  Known 

as  Building  Code. 

*  *  *  Fences,  signs,  screens,  billboards  or  other 
structures  supported  wholly  or  in  part  by  uprights  and 
braces  shall  not  at  any  point  be  more  than  seven  feet  in 
height  without  the  permission  of  the  Bureau  of  Build- 
ings. No  billboard  more  than  seven  feet  in  height  shall 
be  erected  unless  the  same  and  all  supports  and  braces 
shall  be  constructed  entirely  of  incombustible  material 
and  sufficiently  secured  to  sustain  a  wind  pressure  of 
thirty  pounds  to  the  square  foot  in  accordance  with 
plans  approved  by  the  Bureau  of  Buildings.  Every  ap- 
plicant for  permission  to  erect  a  billboard  more  than 
seven  feet  in  height  shall  submit  with  his  application  the 
written  consent,  duly  acknowledged,  of  the  owner  in  fee 
of  said  premises,  and  shall  give  at  least  one  week's  pre- 


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of  the  courts  on  the  question  of  constitutionality,  with  the  result  that 
the  proposed  ordinance  is  somewhat  more  conservative  than  we  might 
wish  in  dealing  with  so  glaring  an  evil.  The  refusal  of  the  Court  of 
Appeals  to  recognize  aesthetic  values  as  a  justification  for  the  exercise 
of  the  police  power,  makes  it  very  difficult  to  draw  an  ordinance  which 
will  prove  satisfactory  from  the  standpoint  of  regulations  and  control. 


Double-deckers  Opposite  Centra?  Park,  Fifth  Avenue  and  103d  Street 

Proposed  Amcndiucnt  of  Section  144,  Chapter  15,  Ordinances  Knoivn 

as  Building  Code. 

*  *  *  Fences,  signs,  screens,  billboards  or  other 
structures  supported  wholly  or  in  part  by  uprights  and 
braces  shall  not  at  any  point  be  more  than  seven  feet  in 
height  without  the  permission  of  the  Bureau  of  Build- 
ings. No  billboard  more  than  seven  feet  in  height  shall 
be  erected  unless  the  same  and  all  supports  and  braces 
shall  be  constructed  entirely  of  incombustible  material 
and  sufficiently  secured  to  sustain  a  wind  pressure  of 
thirty  pounds  to  the  square  foot  in  accordance  with 
plans  approved  by  the  Bureau  of  Buildings.  Everv  ap- 
plicant for  ])ermission  to  erect  a  billboard  more  than 
seven  feet  in  height  shall  submit  with  his  application  the 
written  consent,  duly  acknowledged,  of  the  owner  in  fee 
of  said  premises,  and  shall  give  at  least  one  week's  pre- 


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vious  notice  in  writing,  personally  or  by  mail,  of  such 
application  and  the  time  and  place  thereof,  to  the  owners, 
occupants  or  agents  of  all  houses  and  lots  of  land  within 
a  distance  of  100  feet  from  the  nearest  point  at  which 
such  proposed  fence,  sign,  screen,  billboard  or  other 
structure  is  proposed  to  be  erected.  No  such  application 
shall  be  considered  by  the  Bureau  of  Buildings  unless 
the  same  is  duly  hied  with  said,  bureau  at  least  two  days 
previous  to  the  date  of  hearing  accompanied  by  duly  veri- 
fied proof  of  the  service  of  said  notice  of  application  on 
the  said  owners,  occupants  or  agents  aforesaid. 

Should  any  such  fence,  sign,  screen,  billboard  or 
other  structure  be  or  become  insecure  or  in  danger  of 
falling,  in  the  opinion  of  the  Bureau  of  Buildings,  the 
owner  thereof  or  the  person  maintaining  the  same  shall 
upon  notice  from  the  Bureau  of  Buildings  immediately 
and  within  ten  days  secure  the  same  under  the  super- 
vision of  the  said  Bureau  of  Buildings  and  in  a  manner 
to  be  approved  by  said  bureau. 

Any  chimney,  cornice,  statuary  device,  design,  model, 
perpendicular  surface,  sign  or  billboard,  supported  or 
attached,  wholly  or  in  part,  over  or  above  any  wall,  build- 
ing or  structure  shall  be  deemed  to  be  a  superstructure 
within  the  meaning  of  this  section. 

All  such  superstructures,  including  the  uprights  and 
supports  thereof,  shall  be  of  non-combustible  material 
and  erected  entirely  within  the  building  line  and  be 
properly  secured,  supported  and  braced,  and  shall  be  so 
constructed  and  attached  to  the  wall,  building  or  struc- 
ture as  not  to  be  or  become  dangerous. 

Before  any  such  superstructure  shall  be  erected  the 
owner  thereof  or  the  person  maintaining  the  same  shall 
file  with  the  Bureau  of  Buildings  plans  and  specifica- 
tions thereof  and  obtain  from  said  bureau  a  permit  to 
erect  the  same. 

No  superstructure  of  the  nature  of  a  perpendicular 
surface,  sign  or  billboard  shall  be  so  constructed  as  to 
prevent  free  ingress  or  egress  to  or  from  the  roof  of  the 
building  by  means  of  fire  ladders  or  scaling  ladders. 

Every  superstructure  of  the  nature  of  a  perpendicu- 
lar surface,  sign  or  billboard  shall  be  so  constructed  as 
to  withstand  a  wind  pressure  of  at  least  30  pounds  to 

38 


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the  square  foot,  and  no  such  superstructure  shall  be 
erected  as  to  be  of  a  size  to  resist  a  total  possible  wind 
pressure  of  more  than  10,000  pounds. 

Every  such  superstructure  shall  be  inspected  at  least 
once  in  each  calendar  year  by  the  Bureau  of  Buildings. 

Every  owner  of  or  person  maintaining  such  a  fence, 
sign,  screen,  billboard  or  other  structure  or  superstruc- 
ture in  the  nature  of  a  perpendicular  surface  sign  or  bill- 
board shall  pay  to  the  Bureau  of  Buildings  an  annual 
inspection  fee  amounting  to  ten  cents  per  square  foot  of 
the  surface  thereof  exposed  to  wind  pressure. 

Every  owner  or  person  maintaining  such  fence,  sign, 
screen,  billboard  or  superstructure  in  the  nature  of  a 
perpendicular  surface  sign  or  billboard  shall  obtain  from 
the  Bureau  of  Buildings  a  written  permit  and  shall  ex- 
hibit same  whenever  requested  by  an  inspector  of  any 
city  department  or  bureau  or  other  competent  official. 

Any  violation  of  the  provisions  of  this  section  shall 
be  punishable  as  provided  in  section  150  of  this  chapter. 


39 


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